Defence Forces (Evidence) Act 2022

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Direction from provost marshal for sample to be taken for elimination purposes

20. (1) A sample taken under this section from a person shall be used to generate a DNA profile in respect of the person to be entered in the elimination (Military Police) index of the DNA (Military Police) Database System for the purpose, in relation to the investigation of offences against military law, of ascertaining whether that person has contaminated a crime scene sample.

(2) If the provost marshal has good reason to believe that, in relation to the investigation of an offence against military law, a person specified in subsection (3) has, or may have, contaminated a particular crime scene sample, the provost marshal may direct that the person shall have a sample taken from him or her under this section for the purpose, in relation to the investigation of that offence against military law, of ascertaining whether that person has contaminated that crime scene sample.

(3) A direction may be given under subsection (2) in respect of any of the following persons, other than a person to whom section 19 (2) applies:

(a) a member of the Defence Forces;

(b) an employee of the Minister;

(c) any person who at the time the direction is given is subject to military law in accordance with—

(i) paragraph (d) or (e) of section 118, or

(ii) paragraph (c) or (d) of section 119,

of the Act of 1954.

(4) A direction under subsection (2) shall be given in writing and the provost marshal shall give, or cause to be given, a copy of it to the person to whom it relates.

(5) A member of the Military Police shall inform a person of the following before taking, or causing to be taken, a sample under this section from him or her:

(a) that the sample is to be taken from him or her pursuant to a direction given under this section;

(b) in a case in which a sample already taken under this section from the person had proved to be insufficient or was inadequately labelled or for any other reason mentioned in section 21 a second or further sample under this section is required to be taken from him or her—

(i) that the first-mentioned sample has proved to be insufficient, was inadequately labelled or that other reason for requiring a second or further sample under this section to be taken, as may be appropriate, and

(ii) that a second and further sample under this section is, in accordance with section 21 , to be taken from him or her;

(c) that the sample will be used to generate a DNA profile in respect of the person for the purpose of ascertaining whether he or she has contaminated the crime scene sample concerned;

(d) that the sample, and the DNA profile in respect of the person generated from it, may be destroyed in accordance with Part 7 .

(6) Subject to this Act, a member of the Military Police may take, or cause to be taken, a sample under this section from a person in respect of whom a direction is given under subsection (2).